Fire departments must classify assigned personnel into one firefighter category and keep the designation on record; they also face limits on paying volunteers or auxiliary firefighters.
Sec. 419.0322. CATEGORIES AND DESIGNATION OF PERSONS PERFORMING FIRE PROTECTION DUTIES. (a) Each person who is assigned by a fire department to perform one or more duties listed under Section 419.021(3)(C) must be: (1) fire protection personnel; (2) a part-time fire protection employee; or (3) a volunteer or other auxiliary fire fighter. (b) Each fire department shall designate each person who is assigned by the department to perform one or more duties listed under Section 419.021(3)(C) as fire protection personnel, a part-time fire protection employee, or a volunteer or auxiliary fire fighter, but a department may not designate the same person under more than one category under this section. The designation shall be made on the records of the department and the designation shall be made available for inspection by the commission or sent to the commission on request. Text of subsection effective until September 01, 2026 (c) A fire department may not compensate, reimburse, or provide benefits to a person the department has designated as a volunteer or other auxiliary fire fighter to the extent that the person would be considered fully paid fire protection personnel. Text of subsection effective on September 01, 2026 (c) A fire department may not, in a calendar year, compensate, reimburse, or provide benefits to an individual designated as a volunteer or auxiliary firefighter that exceeds 20 percent of the highest total compensation paid to full-time fire protection personnel by a local government: (1) in the county in which the department is located; or (2) if the county does not have a local government that pays compensation to full-time fire protection personnel, in an adjacent county to the county in which the department is located. (d) A person designated as a part-time fire protection employee under this section is subject to Section 419.0321. Added by Acts 1993, 73rd Leg., ch. 912, Sec. 9, eff. Sept. 1, 1993. Amended by: Acts 2005, 79th Leg., Ch. 112 (S.B. 879), Sec. 2, eff. May 20, 2005. Acts 2025, 89th Leg., R.S., Ch. 473 (H.B. 5424), Sec. 1, eff. September 1, 2026.